International Commercial Arbitration

Course: Private International Law

Structural unit: Educational and scientific institute of international relations

Title
International Commercial Arbitration
Code
ОК 3
Module type
Обов’язкова дисципліна для ОП
Educational cycle
Second
Year of study when the component is delivered
2023/2024
Semester/trimester when the component is delivered
2 Semester
Number of ECTS credits allocated
4
Learning outcomes
PLO 2. Understand theoretical approaches of national and international law correlation and practical ways to provide their interaction. PLO 3. To make reasonable decisions in the law-making and law-enforcement fields of law, realizing their ethical consequences for different subjects of national and international commercial law. PLO 4. Demonstrate the ability to conduct cases in international judicial institutions and other general and special international institutions for the settlement of international disputes, protecting interests of the state, individuals and legal entities. PLO 5. Demonstrate the ability to represent the client's interests in civil and commercial matters in the courts of Ukraine, arbitration courts, state bodies authorized to conduct commercial investigations.
Form of study
Prerequisites and co-requisites
- successful mastering of courses: "Private International Law", "International Civil Procedure", "Comparative Civil Procedure", "International Law"; - know: the basics of the theory of private international law, the basic institutions of international civil procedure, the principles and sources of international civil procedure and international commercial arbitration; - be able to: analyze and establish the content of the rights and obligations of judicial participants with the participation of a foreign element, which are governed by the provisions of domestic law, international treaties; to offer procedural ways of resolving disputes with a foreign element; - have basic skills in preparing procedural documents in the procedures of consideration of court cases with a foreign element, cases considered by courts and in the procedures of recognition and enforcement of foreign court decisions.
Course content
The subject of the discipline is international commercial arbitration as a sui generis institution in all its various manifestations and features of legal regulation and application and is considered in all its components, in its legal relations with other institutions of civil law, civil procedure and private international law. In the process of studying this discipline students should get acquainted with different approaches to determining the nature of international commercial arbitration, the nature of the arbitration agreement, with such institutions of international commercial arbitration as withdrawal of state court of insolvency, withdrawal of arbitration, dispute resolution as well as court procedures for challenging the arbitral award, recognition and enforcement of arbitral awards.
Recommended or required reading and other learning resources/tools
Planned learning activities and teaching methods
Lectures, seminars, solving practical cases, the execution of self-study tasks; performing group tasks-simulations
Assessment methods and criteria
The discipline "International Commercial Arbitration" is evaluated by a modular rating system. Current control: evaluation of work in seminars and practical classes; performing independent work; students write modular tests. Content module 1 (MR1) includes topics 1 - 4, and content module 2 (MR2) - topics 5 - 8. The results of students' learning activities are evaluated on a 100-point scale. Mandatory for admission to the exam is to perform individual tasks of independent work, provided by the curriculum. The form of final control in the discipline "International Commercial Arbitration" is an exam. Lecture questions, questions of seminar (practical) classes, independent work are taken out on examination.
Language of instruction
Ukrainian

Lecturers

This discipline is taught by the following teachers

Departments

The following departments are involved in teaching the above discipline